Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 27

27. (1) Subject to sub-section (2), where an inspector believes on reasonable
grounds that-

   (a)  there is situated upon any land, or upon or in any premises, vessel,
        aircraft or vehicle any article or thing that the inspector believes
        on reasonable grounds will afford evidence of the commission of an
        offence against this Act; and

   (b)  the exercise of powers under this section is necessary to prevent the
        concealment, loss or destruction of the article or thing, the
        inspector may, with such assistance as the inspector thinks fit, and
        if necessary by force-

   (c)  enter upon the land or upon or into the premises, vessel, aircraft or
        vehicle;

   (d)  search for the article or thing; and

   (e)  seize the article or thing.

(2) An inspector shall not exercise powers under sub-section (1) unless the
power is exercised in circumstances of such seriousness and urgency as to
require and justify the immediate exercise of those powers without the
authority of a warrant issued under section 25.

(3) The reference in sub-section (2) to a warrant issued under section 25
includes a reference to such a warrant issued in accordance with section 26.

(4) Where an inspector may enter a vessel, aircraft or vehicle under
sub-section (1), the inspector may, for the purpose of effecting that entry
and for the purpose of exercising a power referred to in paragraph (1) (d) or
(e), stop and detain the vessel, aircraft or vehicle.

(5) Where an inspector seizes any article or thing pursuant to sub-section
(1), the inspector may retain the article or thing until the expiration of a
period of 60 days after the seizure or, if proceedings for an offence against
this Act in respect of which the article or thing may afford evidence are
instituted within that period, until the proceedings (including any appeal to
a court in relation to those proceedings) are terminated.

(6) The Minister may authorise any article or thing, seized under sub-section
(1) to be released to the owner, or to the person from whom the article or
thing was seized, either unconditionally or on such conditions as the Minister
thinks fit, including conditions as to the giving of security for payment of
the value of the article or thing if it is forfeited under section 31.